Common Misconceptions About Divorce

No newlywed couple thinks their marriage will end in divorce, but with the U.S. divorce rate continuing to hover around 50%, divorce remains an unfortunate reality for thousands of couples all over the States. Our family attorney in Osage Beach MO has represented hundreds of individuals as they navigate the path through divorce towards a new chapter of their lives. Over the years, we have identified several misconceptions many people have about divorce. This week, we're dedicating our blog to clearing up some of these common misconceptions.

Misconception #1:
You Have To Prove Fault To Get A Divorce
Missouri (along with most other states) is a no-fault divorce state. This means that you can file for divorce even if your spouse has not committed some form of marital misconduct, such as adultery. All that spouses are required to prove is that there is "no reasonable likelihood that the marriage can be preserved, and that the marriage is irretrievably broken."

Misconception #2:
Since Missouri Is A No-Fault Divorce State, Conduct Does Not Matter
Though you do not have to prove that your spouse committed adultery, withheld certain important financial information, or committed some other form of misconduct in order to file for divorce, each spouse's conduct during the marriage and the divorce proceedings is still important. The Court may take this type of information into account when determining whom should receive which assets, whom should be required to pay spousal support, etc.

Misconception #3:

If I Have Always Been My Child's Primary Caregiver, The Custody Arrangement Will Be Easy
Though you may have been your children's primary caregiver in the past, this fact will not guarantee your right to full custody of your children after the divorce. The Court will award custody to the parent who is believed to be able to best provide for the child's best interests. During the proceedings, you and your attorney will have to prove to the Court that you fit this description.

Misconception #4:
All Divorces Take Place In The Courtroom
The media likes to sensationalize high-stakes, highly combative divorces as they are battled out in the courtroom, but the truth is that many divorces can be settled outside of court. This process, known as mediation, involves an attorney serving as an impartial third party serving as the liaison between the spouses as they determine how their assets and responsibilities should be divided. This method of divorce is often much more efficient, cost-effective, and less stressful.

Misconception #5:
If My Spouse Neglects To Pay Child Support, I Can Withhold Visitation Rights
If one parent has been awarded full or primary custody, the other parent may be ordered to pay child support to help shoulder the financial responsibility of raising children. If the one parent neglects to provide the child support payments as directed, the other parent may decide to withhold visitation rights until the money is received. However, this is an illegal act that can result in legal consequences on the custodial parent's part. If your spouse is neglecting to pay child support, you should consult with an attorney to determine the best course of action.

Gibbons Law Firm Will Be Here To Guide You Through Your Divorce
Facing divorce can be daunting, unnerving, and downright scary. If you are preparing for a divorce, you likely have countless questions about the process. Our divorce lawyer in Osage Beach MO has experience navigating divorce cases and would be honored to assist you through this challenging time. To learn more about our family law services at the Lake of the Ozarks, visit our website or call us at 573-348-2211.

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Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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Navigating Your Workers' Compensation Case

Recovering from a personal injury is rarely easy, especially if the injury was serious. In addition to the physical challenges and setbacks the victim may face, he/she must often also face additional challenges such as missed time from work, steep medical bills, grueling physical therapy, and reduced quality of life. If the accident occurred at work, he/she may also experience resentment towards their place of employment and uncertainty over how to proceed.

Workers' compensation cases are some of the most complex cases in the personal injury field. If you have been injured at work, retaining a personal injury attorney at the Lake of the Ozarks to represent your case may be enormously beneficial. Today, Gibbons Law Firm is here to help you understand some of the unique complexities and intricacies revolving around workplace injuries.

Seek Medical Attention Immediately
If you have been injured at work, the most important thing you can do is seek medical attention for your injuries immediately. Caring for your physical well-being is the most critical step. Once your immediate needs have been met, you can work on obtaining compensation for your accident. While you are in the hospital, however, make sure to inform all the medical staff that your injuries are the result of a work-related incident (for insurance purposes).

Report Your Injury To Your Boss Immediately
If their injuries are minor, some people may elect not to inform their manager or supervisor about the incident. Don't make this mistake. Though your injuries may seem minor now, it is impossible to predict how they may evolve (or what other issues may reveal themselves) as time passes. The best strategy is always to report the injury immediately, even if you don't have to file a workers' compensation claim at that time.

Your Boss Cannot Fire You For Filing For Workers' Compensation
Some employees refrain from filing for workers' compensation because they are afraid of the consequences, fearing that they may risk losing their position or facing other forms of retaliation from their boss/coworkers. However, it is important to realize your boss and coworkers are legally prohibited from taking such adverse actions. If you do suffer any of these adverse consequences, you will most likely have legal resources to defend your position.

Hiring A Workers' Compensation Attorney May Help You Get More Money
Workman's compensation is a type of insurance specifically designed to compensate employees who are injured at work through no fault of their own. Like all types of insurance, however, the providers are often reluctant to pay out large dividends to injured workers. Employees often find that the compensation they receive is rather minimal, if it is approved at all. For this reason, we encourage you to contact our workers' compensation attorney in Osage Beach if you should ever find yourself faced with a work-related injury. With an experienced attorney on your side, your chances of receiving adequate compensation will greatly increase.

If you are looking for a personal injury lawyer at the Lake of the Ozarks, we would love to talk with you. We generally represent all personal injury clients on a contingency fee basis, meaning that we do not charge for our services unless we win your case. This allows our clients to seek out the representation they need without stressing about covering their legal fees in addition to their medical ones. Visit our website or call our firm at 573-348-2211 to learn more about our personal injury services at the Lake of the Ozarks.

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Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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Do You Need A Prenuptial Agreement?

Planning a wedding is a wonderfully exciting time. It's the start of a brand new chapter - the official joining of two previously separate lives. Most brides-to-be (and many of their grooms) are anxious to begin planning their big days, but the truth is that the ceremony and reception are only a small part of the preparations that need to be done to begin their lives together. Amidst picking out the dress, the rings, and the cake, soon-to-be newlyweds should also spend some time planning for their futures together.

The Background On Prenuptial Agreements

A prenuptial agreement (also called a "prenup" or a "premarital agreement") is a legal agreement that couples enter into before they lawfully become husband and wife. This agreement outlines how certain debts and assets will be divided in the event of a death or future divorce. Few individuals want to think about such unfortunate circumstances (especially during the otherwise happy time of planning a wedding), but it is nonetheless a crucial topic for engaged couples to discuss.

How To Determine If You Need A Prenuptial Agreement

The short answer is that almost every single couple can benefit from a premarital agreement. You may not ever end up using it if you stay married for the rest of your lives, but it is always better to have it and not need it than to need it and not have it. While it can benefit almost everyone, certain couples are especially prime candidates for prenuptial agreements. Here is a closer look at the types of couples who could benefit from setting up a premarital agreement at the Lake of the Ozarks.

Couples With Drastically Different Incomes
In some engaged couples, one individual may earn a significantly higher income than the other. In these instances, it may be wise to consider setting up a prenuptial agreement to specify how this income should be divided in the event of a divorce. Without a prenup, the lower-earning spouse may be able to take a significant portion of the higher-earning spouses's income in the form of alimony.

Couples With Drastically Different Debts
If either you or your soon-to-be spouse is entering the relationship with a significant amount of debt, you may be prime candidates for a premarital agreement. Unless otherwise specified in such an agreement, you may be required to share the responsibility of the debt during your marriage or after a divorce. (The flip side of this also applies: it may be advantageous to establish a prenup if one of you has significantly greater assets - such as retirement accounts - prior to entering the marriage.)

Couples With Children From Previous Marriages
If you or your fiancé has children from a previous marriage or relationship, building a prenuptial agreement may be able to help you arrange for the future support of your children. You cannot establish rules for child support within a prenuptial agreement, but it can be used to identify which of your preexisting assets should go straight to your children in the event of your passing (rather than going to your spouse, for example). 

Gibbons Law Firm Can Help You Establish Your Prenup

If you are getting married in the near future, contact Gibbons Law Firm for help setting up a prenuptial agreement. While it may not be the most romantic topic for you and your soon-to-be spouse to discuss, this agreement may prove invaluable at a later date. It is wise to finalize this document more than a month in advance of your wedding date, so don't wait. Contact our family attorney in Osage Beach MO to get started.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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5 Reasons To Hire A Criminal Defense Attorney

Facing criminal charges is one of the most life-altering circumstances anyone can experience. Regardless of whether or not you truly committed the crime in question or the circumstances surrounding the crime, defending your rights will immediately become your top priority. Having a skilled Lake of the Ozarks criminal defense attorney will likely be an invaluable resource. Keep reading to find out why you may want to consider hiring a criminal attorney to represent you.

5 Reasons To Hire A Criminal Defense Attorney

1. Advanced Technical Knowledge
The legal disciplines are notorious for being incredibly complex and intricate. As an individual facing first-time (or even repeat) charges, you cannot possibly be expected to know the inner workings of the law and how they relate to your specific case. A criminal attorney will have the in-depth knowledge required to navigate your case effectively.

2. Help Examining The Evidence
The evidence presented by the prosecution is not always as cut-and-dried as it may seem. There may be loop holes, such as evidence that was illegally obtained. Your criminal attorney can help you thoroughly examine the evidence to determine whether or not any loop holes exist. If they do, your attorney may be able to render the evidence invalid.

3. Ability To Compromise
Proving your innocence may be impossible, but that does not mean that all is lost. Your criminal lawyer may be able to help you get a reduced sentence by negotiating a plea bargain or other form of deal with the prosecuting attorney. While the specifics of each compromise vary greatly, an example would be to reduce the amount of sentenced jail time in exchange for rehabilitation, parole, or community service.

4. Dedicated Attention To Your Case
Working with a public defender has some benefits, but it is often not as advantageous as working with a private criminal attorney. Your private attorney will not be restricted by the State's budget or time constraints. Since your private attorney can be selective about which cases they accept, he will likely have significantly more time to dedicate to your case.

5. Assistance Organizing Your Defense
In order to get the best possible outcome for your case, you'll want to ensure that you have a rock-solid defense. Your attorney will be able to help you organize your evidence, identify and summon effective witnesses, ensure that all materials are submitted correctly, and ensure that all steps are performed in a timely manner. You will (understandably) have a lot on your mind during this process, so having an experienced ally to help keep you organized can be invaluable.

Remember Gibbons Law Firm For Local Criminal Defense

If you are in need of a criminal attorney at the Lake of the Ozarks, we hope you'll remember Gibbons Law Firm. As a former state prosecutor for thirteen years and with over twenty years of total experience, our legal team has the skill and expertise you need to successfully navigate your case. For more information about our criminal defense services in Osage Beach MO, visit our website at www.RGibbonsLawFirm.com or contact us at 573-348-2211.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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How To Choose The Right Attorney - 7 Tips

No matter what type of case you're facing, selecting the right attorney to represent you is an important task. In order to work together effectively, you'll need to find an attorney whom you trust to keep your best interests at heart and whom you feel comfortable sharing your personal information with. If you are looking for an attorney at the Lake of the Ozarks, here are a few tips to help you make the right decision.

1. Interview Multiple Attorneys
Scheduling an initial consultation with an attorney should in no way obligate you to work with them. Don't be afraid to schedule initial consultations with multiple different attorneys so you can choose which one you think will be the best fit.

2. Ask About Their Price Range
Financial factors are (understandably) a large part of the decision-making process when choosing which attorney you want to represent you. Don't be afraid to ask your potential attorney what he will charge for his services. You can even go a step further and ask for a price estimate in writing. Should you decide to work with him, you want to confident you won't be hit with surprise bills down the road.

3. Ask About Their Experience
Each legal discipline is different. An attorney could have successfully worked in personal injury law for years, but that does not necessarily mean that he will able to successfully represent you in your divorce. It's important to ask your prospective attorney about their level of experience with your specific type of case.

4. Check Their Reputation
Even in an area with lots of attorneys, only select few will have a great reputation. Don't be afraid to investigate their reputation thoroughly, from multiple angles. You can learn a lot about attorneys from their websites, social media, and what their past clients say about them. Don't be afraid to dig a little.

5. Evaluate Their Personality
Depending on the nature of your case, you could potentially work closely with your selected attorney for months (or even years) to come. As a result, it's important to find an attorney whom you like and trust. If his personality clashes with yours, you may want to look elsewhere for representation.

6. Look For Honesty
Honesty is one of the most crucial characteristics an attorney can possess. In order to set your case up for success, both the attorney and the client need to be able to communicate with one another in an honest manner. One way to evaluate an attorney's honesty is to ask him how likely he thinks he is to win your case. If he promises outstanding results without mentioning any potential issues, this could be a flag. There are always risks associated with every case; you'll want an attorney who will be upfront with you about your situation.

7. Consider The Size Of The Firm
There are several distinct differences between working with smaller and larger firms. While small firms may not have the powerhouse reputation of larger firms, many of our clients agree that they prefer working with a smaller firm. As a smaller general practice law firm in Osage Beach MO, we are able to dedicate more time and personalized attention to each of our clients. This direct one-on-one communication can make a big difference in the long run.

Schedule Your Initial Consultation With Gibbons Law Firm
We specialize in personal injury law, family law, and criminal defense at the Lake of the Ozarks. If you are in need of representation in any of these areas, we would love to talk to you. Call 573-348-2211 to schedule your initial consultation with Roger Gibbons, Attorney At Law.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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When Should You Hire A Personal Injury Attorney?

Though family law may carry the title of the most emotionally charged legal discipline, personal injury cases often come in at a close second. Their nature dictates that they only occur when someone has been injured (or even killed) due to the negligence of another individual. In addition to the long recovery process the victims may face, they must also face the anger and resentment that often comes from the knowledge that they or a loved one was wrongly injured at the hands of another.

Are you in need of an attorney to help you secure compensation for the injuries that were unjustly inflicted upon you? Below are a few examples of when hiring a personal injury attorney at the Lake of the Ozarks may be beneficial.

Motor Vehicle or Boating Accidents

Some of the most common types of personal injury cases stem from accidents involving motor vehicles or (especially in the Lake Area) boats. If the driver of the other car or boat was at fault for the accident, you may be eligible to receive compensation for your injuries. Working with insurance companies can be a huge hassle, however, and it can be hard to get the other driver's provider to agree to pay the money owed to you. Hiring a personal injury lawyer to represent you can take some of the stress off your shoulders.

Workers' Compensation Cases

Job-related injuries are an unfortunate reality for many workers, especially those in physically taxing industries such as construction. However, workers' compensation cases can also occur from much more mild and seemingly harmless positions - like desk jobs. Repetitive stress injuries such as carpal tunnel can occur when employees perform the same repetitive tasks on a daily basis, and the repetitive stress injuries resulting from computer/desk jobs are becoming increasingly common. If you are injured at work, you may be eligible to seek compensation for your injuries under your employer's workers' compensation policy.

Premises Liability Cases

Sometimes known as slip-and-fall accidents, premises liability cases arise when you are injured on someone else's property through no fault of your own. Most commonly, these cases occur when a patron is injured on commercial property. Business owners have a legal obligation to create a safe environment for their customers, clients, and vendors - if they fail to do so, they may be financially responsible for covering the costs of the patron's resulting injuries.

Your Personal Injury Resource At The Lake

If you have sustained injuries or damages caused by another party, you may be eligible to seek compensation under personal injury law. Motor vehicle/boating accidents, premises liability cases, and workers' compensation cases are a few common examples of personal injury cases at the Lake, but the list does not stop there. Other examples include sexual harassment and discrimination, wrongful death, business torts, defective products, and more. 

If you think you have a personal injury case, it is important that you consult with an experienced attorney to know your legal rights. As a plaintiff in a personal injury case, you will have the burden of proving your case. Consequently, before you hire a personal injury attorney, you may want to consider his or her willingness and ability to take your case to trial, if necessary, and whether he or she has a proven record of obtaining settlements and winning jury trials.

Gibbons Law Firm typically represents the plaintiffs in personal injury cases on a contingency fee basis, which means that we only charge for our services if we win the case. This "no win, no fee" mentality enables our clients to seek the legal representation they need without financial concerns getting in the way. If you have been injured at the hands of another, we would love to talk to you. Call 573-348-2211 to schedule your free initial consultation.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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Family Law Services At The Lake

Every legal discipline is subject to its own unique challenges, but family law cases are often some of the most difficult cases anyone can undertake. This is largely due to the fact that family law cases are severely emotional for all parties involved, which makes it hard to maintain a calm, level-headed, objective approach to the situation. If you are in need of a family attorney at the Lake of the Ozarks, Gibbons Law Firm will be here to represent you.

What Does Family Law Encompass?

Family law deals with any and all issues that may arise from marriage and other domestic relationships. Some of the most commonly known aspects of family law include:

• Divorce
• Legal Separation
• Division of Assets and Liabilities
• Spousal Support
• Child Custody
• Child Support

However, family law matters do not end there. Other related aspects of family law include:

• Adoptions
• Annulments
• Guardianships
• Paternity Cases
• Termination of Parental Rights
• Prenuptial Agreements
• Postnuptial Agreements

Understanding Family Law Cases

It is easy to see how these types of legal issues are not always as cut-and-dry as some other legal fields may be. An experienced and knowledgeable attorney - with the ability to listen to and counsel clients, defuse conflict, investigate and negotiate cases, and (when necessary) litigate a case) - is an important component to a successful outcome of a family law case.

If you are looking for an experienced family attorney in Camden County MO, Miller County, or Morgan County, we would love to talk to you.

Consider Gibbons Law Firm For Your Family Law Needs

Our law firm in Osage Beach MO has experience handling all types of family law cases, and we are committed to providing the legal counseling and advice that clients need in such disputes. If you are facing a family law case, we hope you'll consider our firm for the representation you need. Your initial consultation with Gibbons Law Firm is always free; call (573) 348-2211 to schedule yours today.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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No attorney-client relationship is created by the publication of this blog.